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(영문) 서울남부지방법원 2020.11.09 2020노32
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of the grounds for appeal (unfair form of punishment)

A. The sentence (one million won of a fine) imposed by the Prosecutor is too unfluent and unjust.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant committed violent crimes and has been sentenced to a fine and a suspended sentence on several occasions, and the Defendant committed the instant crime during the suspended execution period due to the crime of interference with business is an unfavorable circumstance to the Defendant. The Defendant’s confession and reflect on the crime, and the degree of the used violence is more favorable to the Defendant.

In light of the above circumstances, the lower court did not change circumstances to take into account the sentencing after the sentence of the lower judgment, considering the sentencing of the Defendant.

In full view of the following circumstances, comprehensively taking account of the Defendant’s age, character, conduct, health and financial standing, background leading to the commission of the crime, circumstances after the commission of the crime, and all of the sentencing factors as indicated in the trial process, it is not deemed that the sentence imposed by the lower court is excessively light or excessively unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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